WCPanelIQ
PanelDenied

Zapata, Michael

MICHAEL ZAPATA, Applicant vs. CITY OF FOSTER CITY, permissibly self-insured, administered by THE CITIES GROUP, Defendants

ADJ number
ADJ15563574
Decision date
Sep 21, 2025
District office
San Francisco
WCJ
Lawrence A. Keller
Claim administrator
The Cities Group (administrator for City of Foster City, permissibly self-insured)
Commissioners
—

Injury / body parts: right shoulder, head, vestibular system, vision/eyes (cognitive and visual disturbance)

LC §4600LC §5900LC §5909LC §5952CCR §10116.9CCR §10945CCR §10972

Summary

Applicant Michael Zapata sustained an industrial injury to his right shoulder while working for the City of Foster City. Defendant authorized a one-time orthopedic consultation with Dr. John Costouros, whose Fremont office is 151 miles each way from applicant's residence in Colusa. The WCJ found applicant could not drive himself (based on AME Dr. Weiss's opinion that it was inadvisable for him to drive due to vestibular dysfunction), that public transportation was not a reasonable option, and that the 151-mile distance was reasonable for this single authorized consultation, ordering defendant to provide medical transportation or prepay rideshare. The Appeals Board denied reconsideration, adopting the WCJ's Report and finding that defendant's challenge to applicant's driving ability was raised for the first time on reconsideration, that the WCJ's decision was supported by substantial, unrebutted evidence, and that by authorizing the consultation knowing its location, defendant became liable for transportation to that appointment.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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